Joe Biden administration to take Supreme Court challenge to abortion pill restrictions

The administration of US President Joe Biden announced on Thursday April 13 that it would seize the US Supreme Court to challenge the restrictions on access to the abortion pill imposed by a federal appeals court. The government “will uphold scientific judgment” from the US Drug Administration (FDA), which has authorized the abortion pill for more than 20 years, US Attorney General Merrick Garland said.

On Wednesday, a panel of three judges based in New Orleans placed strict conditions on the distribution of mifepristone. Three visits to the doctor are now required. The authorization is also limited to the first seven weeks of pregnancy and it is no longer authorized to send the pill by post. The consequences are potentially immense for access to abortion. Combined with another pill (misoprostol), mifepristone is used for more than half of abortions in the United States.

A Supreme Court dominated by conservatives

On April 7, a federal judge in Texas, known for his ultra-conservative views, withdrew the marketing authorization for mifepristone for the entire United States. Going against the scientific consensus, it considered that mifepristone posed risks to the health of women and therefore suspended its authorisation.

The Texan magistrate had planned a one-week delay before his decision would apply, in order to give the federal government time to appeal. The Biden administration then asked a New Orleans appeals court to intervene to block the ruling. “extraordinary and unprecedented” of Judge Matthew Kacsmaryk, appointed by Donald Trump. But the decision of the Court of Appeal did not give reason to the Democrats, since it considerably limits access to the pill.

The Supreme Court, dominated by conservatives since its reshuffle by Donald Trump, is therefore called upon to decide. It is this same institution which had canceled, last June, the constitutional protection of abortion, provoking its prohibition in fifteen States.